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Mandated DisclosuresSeller_disclosuresMEDIUM

Kevin is listing a property in Stamford that was previously used as a dry-cleaning business. His seller client wants to know whether the Residential Property Condition Disclosure Report under CGS § 20-327b is the only disclosure obligation they need to worry about. Which of the following best describes the complete disclosure picture for this property?

Correct Answer

D) Both the CGS § 20-327b disclosure and the Connecticut Transfer Act under CGS § 22a-134 may apply, depending on the property's current use and hazardous substance history

A property previously used as a dry-cleaning business likely involved hazardous substances such as perchloroethylene (PERC), which could trigger the Connecticut Transfer Act (CGS § 22a-134). The Transfer Act requires environmental investigation and compliance documentation when transferring establishments that stored or used hazardous waste. Additionally, if the property is now classified as residential, the CGS § 20-327b disclosure may also apply. Licensees must advise clients that both obligations may be relevant and recommend consultation with an environmental attorney.

Answer Options
A
Only CUTPA disclosure obligations apply because the prior commercial use triggers federal environmental reporting requirements
B
Only the Connecticut Transfer Act applies because the property was a commercial business, making the residential disclosure irrelevant
C
The CGS § 20-327b disclosure report is sufficient because it covers all environmental hazards for any property type
D
Both the CGS § 20-327b disclosure and the Connecticut Transfer Act under CGS § 22a-134 may apply, depending on the property's current use and hazardous substance history

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Related Topics & Key Terms

Key Terms:

seller_disclosuretransfer_actenvironmentalCGS_20-327bCGS_22a-134hazardous_substances
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